The High Court disposed of the writ petition at the admission stage. It directed the respondents to complete the pending departmental inquiry in terms of G.O.Ms.No.91 dated 12.09.2022 without going into other aspects of the case.
Directing respondents to complete inquiry in terms of G.O.Ms.No.91 dated 12.09.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 748 OF 2024
Between:
T. Ramyamani, W/o R.Lokendran, aged 67 years, Worked as Deputy Commercial Tax Officer( Retired), R/o 10-1-138/142-143, Balaji Highway Garden, Nagari, Chittoor District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased that this Honble Court may bb pleased toissueawritorderor particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasethe Petitioner full pension, death-cum-retirement gratuity(DCRG) inspit of the Inquiry Report vide Re. No.135/CTI/2020 dated 06-07-2021 not proved the allegations against the Petitioner the same was accepted by the 3’’^, respondent vide CCTs Ref.V3/406/2015, dated 28-01-2022 and 2"^ respondentvideMertio No.80625-17023/20/2016, dated 11-08-2022 and quash the 2"^ Inquiry vide G.O.Rt. No. 143, dated 10-03-2021 as its violation of the G.O.Rt No.462, dated 27-06-2022 of the 3’’'^ respondent, being illegal, arbitrary and violation of Articles 14, 21 and 309 of the Constitution of India and also violation of Principals of Natural Justice and consequently direct the Respondents release the Petitioner full pension, death-cum-retirement gratuity(DCRG) inspite of the Inquiry Report vide Rc. No.135/CTI/202Odated06-07-2021 not proved the allegations against the Petitioner.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased that this Hon'ble Court may be pleased to direct the all the Respondents to release the Petitioner full pension,death-cum-retirement gratuity(DCRG) in view of the Inquiry Report vide Rc. No.135/CTI/2020 dated 06-07-2021 not proved the allegations against the Petitioner pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI. G.SIMHADRI
Counsel for the Respondent Nos. 1 to 6: SRI S.RAJU,ASST.GPFOR
SERVICES-I
Counsel for the Respondent No.7: SRI S.M.SUBHANI, SCFORACB&
SPECIAL PUBLIC PROSECUTOR
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.748 OF 2024
T. Ramyamani, W/o. R. Lokendran, aged 67 years, worked as Deputy Commercial Tax Officer (Retired), R/o. 10-1-138/142-143, Balaji Highway Garden, Nagari, Chittoor District.
... Petitioner
Versus
The Special Chief Secretary to Government, Revenue (Vigilance-ll) Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District and six others.
... Respondents
Counsel for the petitioner : G. Simhadri Counsel for respondents : GP for Services - I and Sri S. M. Subhani, learned Standing Counsel forACB and SPL PP)
:: ORDER::
The above writ petition is filed seeking the followingrelief:
2
SRS,J wp_748_2024
«i!.
Memo No.80625-17023/20/2016, dated 11,08.2022 and quash the 2"=^ Inquiry vide G.O.Rt.No.143. dated 10.03.2021 as its violation of the G.O.Rt.No.462. dated 27.06.2022 ofthe 3^'* respondent being iiiegai and arbitrary...”
- Heard Sri G. Simhadri, learned counsel for the petitioner,and
Sri S. Raju, learned Assistant Government Pleader forServices- I for respondents 1 to 6, and Sri S. M. Subhani, learned Standing Counsel for respondent No.7.
- Learned counsel for the petitioner would submit that the petitioner was retired from service on 31.05.2017. Respondent No.3 issued G.O.Rt.No.1032, dated 11.10.2017 withholding 25% of the family pension and death - cum - retirement gratuity subjecttotheoutcomeof departmental proceedings pending against the petitioners. He would further submit that in respect of the proceedings mentioned in G.O.Rt.No.1032, dated 11.10.2017, the petitioner was found not guilty. Respondent No.3 vide proceedings dated 11.08.2023 called for objections on 11.08.2023 and the petitioner submitted no objection on 27.11.2023. A second charge memo was issued regarding the misconduct dated 11.05.2017 vide G.O.Rt.No.462, dated 27.06.2022. Two months were prescribed to submit the report. The Inquiry Officer issued a notice directing the petitioner to attend the inquiry and the
3
SRSJ wp_748_2024
V
petitioner attended tho inquiry on 28.03.2023. He further submits that though inquiry was completed, no further proceedingsarecommunicated. He would further submit that the inquiry should be completed in terms of G.O.Ms.No.91, dated 12.09.2022.
- Thus, as seen from the material available on record, in respect of the first charge memo, the inquiry is concluded and the petitioner also submitted concurrence by letter dated 27.11.2023, Ex.P5. Concerning the second charge memo, the inquiry is still pending. Though two months was stipulated as per Ex.P7, the inquiryisnotconcluded.The Government issued G.O.Ms.No.91, dated 12.09.2022 stipulatingthetime to complete the inquiry.
."TJ-
4
SRS,J wp_748_2024
without going into 7. in the facts and circumstances of the case of the matter, the writ petition is disposed of at the other aspects of counsels, directing the respondents admission stage with the consent to complete the inquiry in terms of G.O.MSiNo.91,dated12.09.2022.No order as to costs.
Miscellaneous
petitions pending, if any, shall stand
closed.
//TRUE COPY//
SD/- S.SRINIVASA PRASAD ASSISTANT REGISTRAR S ECTl 6lfoFRciR^^^^
To,
HIGH COURT
DATED:22/07/2024
ORDER WP.No.748 of 2024
^OFANOB^
c° %
ml
g 0 6 AUG 202‘i
Current Section
DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS
2 issues framed by the court
Whether the respondent authorities should release the petitioner's full pension and DCRG after the first inquiry found no allegations proved.
Whether the delay in concluding the second inquiry violates the stipulated time under G.O.Ms.No.91 dated 12.09.2022.
1 provisions across 1 enactments
T. Ramyamani
The Special Chief Secretary to Government of Andhra Pradesh, Revenue(Vigilance-ll) Department
The State of Andhra Pradesh, Rep. by it's Secretary, Finance Department
The State of Andhra Pradesh, rep by its Secretary, Commercial Taxes Secretariat Buildings
The Chief Commissioner of State Taxes, Government of Andhra Pradesh
The Joint Commissioner of State Taxes, Chittoor Division Chittoor District
SUBBA REDDY SATTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
